E. Stephen Dean v. Thomas K. Byerley |
This appeal raises an important question concerning the scope of an individual's right to engage in targeted residential picketing in the wake of the Supreme Court's decision in Frisby v. Schultz, 487 U.S. 474 (1988). We conclude that Frisby did not place in question an individual's clearly established right to engage in peaceful targeted residential picketing; rather it carved out an exception $0 (01-19-2004 - MI) |
Bhanukumar C. Shah v. Deaconess Hospital |
Dr. Bhanukumar C. Shah is a general surgeon, who for many years had surgical privileges at Deaconess Hospital in Cincinnati, Ohio. In 1999, Deaconess revoked part of Shah's surgical privileges after one of his patients died following surgery. Shah filed suit in federal court, claiming that Deaconess discriminated against him based on his age and East Indian national origin. The district court gran $0 (01-19-2004 - OH) |
Carol Collins v. Gene Taylor |
Age, sex and retaliation claims by former 54-year-old Williamson County assistant attorney who claimed that she was fired over a over an incident involving a newspaper clipping. County Attorney Gene Taylor claimed that Collins was fired because of poor job performance. $0 (01-14-2004 - TX) |
Phyllis (Inman) Freeman and Jennifer (Tobin) Harcrow v. Louis J. Basso, Brown & James, P.C. and Rabbitt, Pitzer & Snodgrass, P.C. |
In May of 1990, Gary Claus ("Claus") was involved in an automobile accident in which his car struck another car that was carrying four individuals. Two of those passengers were killed during the accident and the other two passengers suffered injuries. Following the accident, Claus, who had been driving while intoxicated, pled guilty to two counts of involuntary manslaughter. Jennifer Tobin Harcrow $0 (01-12-2004 - MO) |
Christopher Gibson v. Mayor and Council of the City of Wilmington, et al. |
Plaintiff Christopher Gibson ("Gibson"), a ten year veteran of the Wilmington, Delaware Police Department ("WPD") who was discharged for making dishonest statements to his supervising officers, appeals the District Court's sua sponte grant of summary judgment on the grounds that the regulation pursuant to which he was discharged, WPD Directive 7.3D, the "Honesty Directive," was vague and $0 (01-08-2004 - DE) |
Dennis Fisher, Jr. v. John Carter and Associates, Inc. |
This appeal arises out of a disputed award of attorneys' fees. Fisher filed a five-count complaint against Carter & Associates for (I) breach of contract, (II) shareholder's derivative suit, (III) accounting, (IV) wrongful termination under the Whistle-Blowers Act, and (V) breach of fiduciary duty. The trial court bifurcated the trial to first adjudicate Count I and Count IV. After the $0 (01-07-2004 - FL) |
Roy Hillstrom v. Best Western TLC Hotel |
Roy Hillstrom, then age 42, was terminated from his job at the Best Western TLC Hotel in Waltham, Massachusetts in April 2002. His boss, Matthew Phipps, said it was for poor job performance. Hillstrom sued, alleging he had been discriminated against because of his age and gender. He also claimed that Best Western violated the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., by ch $0 (01-05-2004 - MA) |
John Abuan v. Level 3 Communications, Inc. |
John Abuan brought this employment discrimination suit under 42 U.S.C. §§ 2000e, et seq. (Title VII), and the Age Discrimination in Employment Act, 29 U.S.C. §§ 623, et seq. (ADEA) against his former employer, Level 3 Communications, Inc. Mr. Abuan, who is of Hispanic and Filipino heritage and was over fifty years of age at the time of the alleged discriminatory acts, asserted that he was subjecte $412504 (01-04-2004 - CO) |
Daniel Dean Betts v. United States of America |
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Plaintiff Daniel Dean Betts appeals the district court's entry of summary judgment in favor of the United States $0 (08-03-2000 - CO) |
American Airlines, Inc., et al. v. Superior Court, et al. |
During his wrongful employment termination lawsuit against American Airlines (American), Jawad Alamad indicated that his union representative had information that would support his claims of racial discrimination. American took the union representative's deposition, but he refused to answer relevant questions on the basis that his discussions with other employees were protected by a union repr $0 (12-29-2003 - CA) |
Robert E. Hill v. Jack E. Potter, Postmaster General |
This procedurally intricate litigation began seven years ago when Robert Hill, a supervisory employee of the Postal Service, brought suit in the federal district court in Chicago, charging age, race, and sex discrimination, plus retaliation for complaining about the discrimination, all arising from his failure to obtain positions in either of two executive tiers in the Postal Service - $0 (12-23-2003 - IL) |
Stephen D. Wright v. Compusa, Inc. |
Plaintiff-appellant Stephen D. Wright ("Wright") appeals the award of summary judgment to his former employer, defendant-appellee CompUSA, Inc. ("CompUSA"), on his claims of disability discrimination and retaliation in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA") and the Massachusetts Fair Employment Practices Act, Mass. Gen. Laws ch. 151B, § 4. After care $0 (12-22-2003 - MA) |
State of Kansas v. Jermane D. Lowe |
This case involves a drive-by shooting which caused the death of a 16- month-old girl. Defendant Jermane Lowe appeals his resultant convictions of felony murder under K.S.A. 21-3401(b) and criminal discharge of a weapon at an occupied dwelling under K.S.A. 2002 Supp. 21-4219(b). He received a life sentence for the felony-murder conviction and a consecutive sentence of 88 months for the firearm con $0 (12-19-2003 - KS) |
Sonya G. Stewart v. Donald L. Evans, Secretary of Commerce, et al. |
Appellant Sonya Stewart, a Department of Commerce employee, sued two Department of Commerce attorneys in their personal capacities for money damages under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Stewart asserts that the attorneys violated her Fourth Amendment rights by reviewing certain documents she had compiled and kept at work. Stewart h $0 (12-19-2003 - DC) |
Kevin Geary v. Telular Corporation |
Plaintiff Kevin Geary brought a declaratory judgment action against his former employer defendant Telular Corporation. Count I alleged that defendant breached an agreement to pay plaintiff commissions by modifying plaintiff's commission plan. Count II alleged that defendant breached the modified commission plan. In count III, plaintiff alleged retaliatory discharge claiming that defendant termi $0 (06-26-2003 - IL) |
Farmland Foods, Inc. v. Dubuque Human Rights Commission and Samuel O. Taylor |
This employment case centers on a variety of complaints of discrimination by an employee of a meatpacking plant over the course of his employment. A local human rights commission awarded damages. The district court reversed the decision of the human rights commission on judicial review and dismissed the complaint. On appeal, the court of appeals reversed the decision of the district court. On f $0 (12-19-2003 - IA) |
Chris R. Krych v. Sheryl Ramstad Hvass |
Chris R. Krych appeals from the District Court's 28 U.S.C. § 1915A(b)(1) (2000) dismissal of his civil rights complaint. We affirm in part and reverse in part. Krych, a Minnesota inmate, filed his 42 U.S.C. § 1983 action against Minnesota Department of Corrections (MDOC) Commissioner Sheryl Ramstad Hvass; Minnesota State Judge Leslie Metzen; Warden of the Minnesota Correctional Facility (M $0 (12-15-2003 - MN) |
Joyce Montabon v. City and County of Denver |
Plaintiff Joyce Montabon appeals the district court's grant of summary judgment in favor of defendant City and County of Denver on her claims alleging gender discrimination under Title VII, 42 U.S.C. §§ 2000e through 2000e-17, for gender discrimination, and retaliation for complaining about violations of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621-34.(1) Montabon's gender d $0 (12-10-2003 - CO) |
United States of America v. Vincent L. Martin |
Mr. Martin was convicted upon a conditional plea of guilty of possession with intent to distribute marijuana (felony), 21 U.S.C. § 841(a)(1), (b)(1)(C), and sentenced to 40 months imprisonment followed by three years supervised release. He was also fined $5,000. On appeal, Mr. Martin cosntests the denial of his motion to suppress, arguing that the state trooper lacked a reasonable articulable s $0 (12-12-2003 - WY) |
Diane Deblon v. Stillwater, Minnesota |
Former finance director of the City of Stillwater, Minnesota claimed that she was fired in retaliation for questioning expenses and refusing to sign reimbursement checks. Diane Deblon claimed that Mayor Jay Kimble and former city coordinator Nile Kriesel turning in conference expenses in 1999 that included bills for alcoholic drinks as well as dinner for a City Council member's wife. Kriesel $0 (12-12-2003 - MN) |
Deborah J. Flug v. University of Oregon |
Plaintiff brought this action against her former employer, the University of Oregon (defendant), alleging two counts of unlawful employment practices under ORS chapter 659 and one count of intentional infliction of emotional distress (IIED). The trial court granted summary judgment for defendant, concluding, inter alia, that plaintiff had failed to give timely notice of her IIED claim, as ORS 3 $0 (07-31-2003 - OR) |
Lynda Stegall v. Citadel Broadcasting Company, et al. |
The issue in this case is: what showing of pretext must a plaintiff in a retaliation suit make in order to overcome a defendant's motion for summary judgment, where the defendant has alleged legitimate reasons for the plaintiff's termination. Appellant Lynda Stegall ("Stegall" ) appeals the District Court for the Eastern District of Washington ("District Court")'s grant of summary judgmen $0 (12-03-2003 - WA) |
Joseph Vidacak, Sr. v. Jack Potter, as Postmaster General of the United States Postal Service |
Plaintiff appeals the district court's entry of summary judgment in favor of defendant, the Postmaster General of the United States Postal Service (USPS), on plaintiff's disability discrimination claims. Because plaintiff has not shown that he was an individual with a disability when the events challenged in this appeal occurred, we affirm. Plaintiff worked for the USPS from sometime in $0 (12-01-2003 - OK) |
Sandra Abraham v. Workers' Compensation Appeals Board v. City of Buena Park |
In this appeal, Sandra Abraham (appellant) challenges a judgment of the superior court denying her petition for writ of administrative mandamus against the Workers' Compensation Appeals Board (WCAB). The City of Buena Park (the city), appellant's former employer, appeared as the real party in interest in the proceeding below. We affirm the judgment, finding the court was without jurisdiction $0 (12-01-2003 - CA) |
Jeffrey Gallagher v. Manatee County, Florida |
Civil Rights - Employment - Plaintiff alleged gender discrimination and retaliation claims against the Manatee County Florida Parks and Recreation Department in which he claimed that he was forced to work in a hall and was denied promotions because he was a male. The County denied wrongdoing. $250000 (11-30-2003 - FL) |
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